Patna High Court
Tribhuban Rai @ Tribhuvan RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners, subject to bond and surety conditions.
Summary
The petitioners, a driver and co‑driver of a truck, were charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1,827 litres of illicit foreign liquor seized from the vehicle. They contended that they were unaware of the contraband, that nothing was recovered from their personal possession, and that the seizure was effected without compliance with Section 105 of the B.N.S.S., rendering the evidence unreliable. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioners' claim of lack of knowledge and procedural lapses by the police. Consequently, the Court ordered regular bail on the condition of a Rs.10,000 bond with two sureties each, subject to the satisfaction of the Exclusive Special Judge‑II (Excise Act) in Darbhanga.
Issues considered
- Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- procedural compliance
- police seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28203 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- SIMRI District- Darbhanga
======================================================
1. Tribhuban Rai @ Tribhuvan Rai, S/O Kapleshwar Rai, R/O Mohanpur, P.S-
Minapur, Distt.- Muzaffarpur.
2. Niranjan Prasad Rai, S/O Kapildev Singh, R/O Baraitha, P.S- Katra, Distt.-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar, Advocate
For the Opposite Party/s : Mr.Arun Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Section 30 (a)
of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck, 1827
liters of illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. Petitioners are the driver and co-driver of the said truck. It
has further been submitted that nothing has been recovered from
their possession. They were unaware of the consignment. It has
Patna High Court CR. MISC. No.28203 of 2026(2) dt.04-05-2026
2/2
further been submitted that the seizure list witnesses are police
personnel. Police has not complied Section 105 of the B.N.S.S.
while making the seizure. They are having no criminal antecedent
and they are languishing in judicial custody since 01.02.2026.
5. Learned APP appearing for the State has vehemently
opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge-II (Excise Act), Darbhanga in connection
with Simri P.S. Case No. 12 of 2026.
(Ashok Kumar Pandey, J)
lata/-
U T
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